Christina Spicer  |  February 22, 2021

Category: Debt Collection

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General Motors hit with TCPA lawsuit over debt collection calls

A California consumer says she was flooded with unwanted and abusive prerecorded calls from General Motors in a TCPA lawsuit filed in federal court today.

The plaintiff, Michelle Sanchez, claims she received over 39 prerecorded messages from General Motors concerning a remaining balance on a totaled vehicle. She says she never agreed to receive these calls and that they violated the Telephone Consumer Protection Act (TCPA) and California debt collection laws.

While this lawsuit is not a class action, Top Class Actions monitors TCPA violations and the lawsuits that follow. If you received unwanted calls or texts from a car dealership you could join a TCPA lawsuit investigation. 

General Motors Allegedly Violated TCPA and Other Laws

Sanchez says that, in 2019, she financed a vehicle through General Motors. She says she was making payments on the account, but her vehicle was totaled in an accident shortly after purchase. Unfortunately, the insurance payout did not cover the balance and Sanchez stopped making payments.

In 2020, Sanchez says she retained a lawyer to help her with her debt to General Motors and get some sort of financial relief. She says, at that point, she requested, in writing, that General Motors stop contacting her cell phone; however, GM continued to harass her via phone and debt collection letters.

“The TCPA was designed to prevent calls like the ones described herein, and to protect the privacy of citizens like Plaintiff, and by enacting the TCPA, Congress intended to give consumers a choice as to how corporate entities may contact them and to prevent the nuisance associated with automated or prerecorded calls,” points out the lawsuit.

Indeed, the TCPA requires companies to meet certain requirements before contacting consumers by phone, including obtaining consent from that consumer to receive the message. In addition, the law restricts the use of prerecorded messages. Further, if a company is found to be in violation of the TCPA, it can face fines of up to $1,500 per unwanted call.

Sanchez is seeking a stop to the unwanted calls, along with fines totaling $2,500 per unwanted call under the TCPA and California law.

Have you received unwanted debt collection calls from General Motors? Tell us about your experience in the comment section below!

The plaintiff is represented by Joe Angelo of Gale, Angelo, Johnson, & Pruett, P.C.

The General Motors TCPA Lawsuit is Sanchez v. General Motors Financial Company, Inc., Case No. 4:21-cv-01241, in the U.S. District Court for the Northern District of California, Oakland Division.

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5 thoughts onGeneral Motors Hit With TCPA Lawsuit Over Debt Collection Calls

  1. Janice Amerson says:

    it’s been 6 year and sanchez has not stopped ,still having to go times are court . I need help please

  2. James Bird says:

    They harass people everywhere. I pay my past and goes right back to being past due. It’s insane. They have gotten crazy money from me from Sept til Nov. I’ll have to find out the law in nh regarding robocalls.

  3. Angela jackson says:

    Add me please experience the same thing my car was hit by a driver, it was totaled out by insurance company. Dealer paid my warranty late which made gm come after me instead of dealership who was holding on to the check to pay off my total vehicle balance. Gm harassed me with several calls

  4. Heather Leyva says:

    Add me

    1. Tarra Arias says:

      These people are relentless with the covid 19 causing financial issue they failed to take into consideration the day before it Said the issue would pay Ans continued to call anyway

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